Employers need to tread carefully when sorting out
their Christmas holiday rotas, say Hilary Aldred and Joanna Wort
The UK has historically operated working practices which take account of Christian festivals. The make-up of Britain has, however, changed; both in relation to multi-cultural issues and consumer expectation of 24/7 service. Workplaces have had to change too.
In 2003, the Employment Equality (Religion or Belief) Regulations (SI 2003/1660) (the regulations) made discrimination at work based on grounds of religion or belief unlawful.
Before this there was no specific protection against discrimination on the grounds of religion. Claimants tried to gain protection by “shoe horning” certain religions into the race discrimination legislation. This worked for some religious groups that also qualified as “ethnic groups” under the Race Relations Act 1976, but not others. Jews and Sikhs were protected, but Muslims were not.
The basic position under the regulations is that direct and indirect discrimination, harassment and victimisation based on religion or belief are unlawful. While direct discrimination is obvious, indirect discrimination is not. It happens where an employer applies a “provision, criterion or practice” that
